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Olmsted County, MN Environmental Rules: Erosion Control (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Standard erosion cap
5 tons/acre/year during construction
Shoreland/wetland buffer cap
2 tons/acre/year within 300 ft
Post-construction cap
0.5 tons/acre/year
Disturbance threshold
over 10,000 sq ft triggers rule
Permit required
erosion control plan before zoning certificate
Drainageway design storm
50-year rainfall event

Summary

Olmsted County's zoning ordinance limits soil loss from construction and land clearing to five tons per acre per year, tightened to two tons near shorelines and wetlands, and requires an approved erosion control plan before the Zoning Administrator issues a zoning certificate for any land disturbing activity over 10,000 square feet.

City-specific rules exist: Rochester has its own erosion control rules that differ from Olmsted County's county-level regulations. If you live in Rochester, check the city-specific page instead.

B. Standards: Any land disturbing activity initiated after the effective date of this ordinance must meet the following standards: 1. At no time shall a land disturbing activity cause the estimated sheet erosion rate to exceed five (5) tons per acre per year. 2. At no time shall a land disturbing activity within a shoreland area or within three hundred (300) feet of a wetland cause the estimated sheet erosion rate to exceed two (2) tons per acre per year. ... C. Erosion Control: 1. Erosion Control Plan Required: No zoning certificate shall be issued nor shall any land disturbing activity commence for any development unless an erosion control plan has been approved by the Zoning Administrator, or a waiver of the erosion control plan requirement has been granted by the Zoning Administrator.

Full Breakdown

20 of the Zoning Ordinance covers any land disturbing activity, defined as clearing, grading, or other disturbance of more than 10,000 square feet of natural cover not tied to general farming. Subdivision B sets the numeric ceilings: the estimated sheet erosion rate during construction cannot exceed five tons per acre per year anywhere in the county's zoning jurisdiction, drops to two tons per acre per year for work inside a shoreland area or within 300 feet of a wetland, and must fall to five-tenths of a ton per acre per year once the project is finished.

The same subsection bars any land disturbing activity from causing ephemeral erosion on a neighboring parcel, from increasing channel erosion in any stream, from leaving unstable slopes after completion, or from depositing sediment on adjoining property, and it requires drainageways to be built and maintained to handle runoff from a 50-year rainfall event. Subdivision C is the permit mechanism: no zoning certificate can be issued and no land disturbing activity can start until the Zoning Administrator approves an erosion control plan, or grants a waiver.

The Administrator may waive the plan only for emergency work needed to protect life or property, minor alteration of a use lawful as of April 15, 1983, expansion of such a use by less than 50 percent of the building's assessed value, temporary uses with no surface water discharge, lots already covered by an approved subdivision-wide plan, or specific low-risk soil types listed in the ordinance's Appendix C. 10: the plan must be consistent with the approved zoning, plat, or conditional use permit, must be reviewed by the township and adjacent city engineer, and must show that the applicant has applied for a National Pollutant Discharge Elimination System permit from the Minnesota Pollution Control Agency.

Violations & Fines

Exceeding the five-ton (or two-ton near water) sheet erosion ceiling, starting a land disturbing activity without an approved plan or waiver, letting eroded soil reach a neighboring parcel, or building a drainageway that cannot handle a 50-year storm are each violations of Section 10.20(B)-(C). The Zoning Administrator can deny or revoke the erosion control plan, withhold the zoning certificate, and refer enforcement to Chapter 4000's citation and appeal process.

Frequently Asked Questions

How much soil erosion does Olmsted County allow during construction?
Section 10.20(B)(1) caps the estimated sheet erosion rate at five tons per acre per year for any land disturbing activity over 10,000 square feet, dropping to two tons per acre per year if the site sits within a shoreland area or within 300 feet of a wetland.
Do I need a permit before clearing or grading my lot?
Yes, if the disturbance exceeds 10,000 square feet. Section 10.20(C)(1) bars the county from issuing a zoning certificate, and bars the land disturbing activity itself, until the Zoning Administrator approves an erosion control plan or grants a waiver.
Can the erosion control plan requirement be waived?
Yes. The Zoning Administrator can waive it for emergency work to protect life or property, minor repairs to a use lawful since April 15, 1983, temporary uses with no water discharge, lots already covered by an approved subdivision plan, or specific low-risk soil types listed in Appendix C.

Sources & Official References

Other rules in Olmsted County

All Olmsted County rules

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